
In Obergefell v. Hodges (2015), the United States Supreme Court ruled that marriage is a fundamental right guaranteed by the Fourteenth Amendment The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Arguably one of the most consequential amendments to this day, the amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly conte…Fourteenth Amendment to the United States Constitution
Full Answer
What is the significance of Obergefell v Hodges?
She has also worked at the Superior Court of San Francisco's ACCESS Center. In Obergefell v. Hodges (2015), the United States Supreme Court ruled that marriage is a fundamental right guaranteed by the Fourteenth Amendment, and therefore must be afforded to same-sex couples.
What was the case number in Obergefell v Himes?
^ Obergefell v. Himes, No. 14-3057 (6th Cir. Nov. 6, 2014) ( order replacing defendant and changing caption) (order filed Apr. 15, 2014), consol. sub nom. DeBoer v. Snyder, No. 14-1341 (6th Cir. Nov. 6, 2014).
What is the significance of the Hodges v Hodges case?
Hodges, 576 U.S. 644 (2015) ( / ˈoʊbərɡəfɛl / OH-bər-gə-fel ), is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
What happened in Obergefell v wymwyslo?
This case involved four couples that wanted to be listed on their children’s birth certificates. In Obergefell v. Wymwyslo Judge Black ruled that Ohio must recognize same-sex marriages from other jurisdictions and two days later in this case he stayed the enforcement of his ruling, except for the birth certificates sought by the plaintiffs.

What is Obergefell v. Hodges?
Obergefell v. Hodges is a landmark case in which on June 26, 2015, the Supreme Court of the United States held , in 5-4 decision, that state bans on same-sex marriage and on recognizing same sex marriages duly performed in other jurisdictions are unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment to ...
Where did James Obergefell and John Arthur get married?
Following the U.S. Supreme Court’s decision in United States v. Windsor, James Obergefell and John Arthur residents of Ohio decided to get married in Maryland. After learning that their state of residence, would not recognize their marriage, they filed a lawsuit in the United States District Court for the Southern District ...
What was the purpose of DeBoer v. Snyder?
Snyder (2014), involved a female couple that was not legally married (only had commitment ceremony due to the state’s ban on same-sex marriages) and wanted to adopt three children. According to the Michigan law adoption was allowed only for single people or married couples.
When did the Supreme Court review the same sex marriage cases?
On January 16, 2015, the U.S. Supreme Court consolidated the four same-sex marriage cases challenging state laws that prohibited same-sex marriage and agreed to review the case. It set a briefing schedule to be completed April 17. The Court ordered briefing and oral argument on the following questions: 1.
Which Supreme Court case dismissed a same sex marriage claim?
The court said it was bound by the U.S. Supreme Court's 1972 action in a similar case, Baker v. Nelson, which dismissed a same-sex couple's marriage claim "for want of a substantial federal question".
Which court case stated that due process protects only rights and liberties that are "deeply rooted in this Nation
Referring to Washington v. Glucksberg, in which the Court stated the Due Process Clause protects only rights and liberties that are "deeply rooted in this Nation's history and tradition", Alito argued that "right" to same-sex marriage would not meet this definition.
What did Obergefell v. Hodges overturn?
Obergefell v. Hodges officially overturned remaining state laws that banned same-sex marriage. In ruling that marriage is a fundamental right and extending equal protection to same-sex couples, the Supreme Court created a formal obligation for states to respect the institution of marriage as a voluntary union. As a result of Obergefell v. Hodges, same-sex couples are entitled to the same benefits as opposite-sex couples including spousal benefits, inheritance rights, and emergency medical decision-making power.
What is the Supreme Court ruling in Obergefell v. Hodges?
In Obergefell v. Hodges (2015), the United States Supreme Court ruled that marriage is a fundamental right guaranteed by the Fourteenth Amendment, and therefore must be afforded to same-sex couples. The ruling ensured that statewide bans on same-sex marriage could not be held up as constitutional. Fast Facts: Obergefell v.
What states were involved in Obergefell v. Hodges?
Obergefell v. Hodges started out as six separate lawsuits split between four states. By 2015 Michigan, Kentucky, Ohio, and Tennessee had passed laws that restricted marriage to a union between a man and a woman. Dozens of plaintiffs, mostly same-sex couples, sued in various state courts, arguing that their Fourteenth Amendment protections were violated when they were denied the right to marry or have marriages that were lawfully conducted be fully recognized in other states. Individual district courts ruled in their favor and the cases were consolidated before the U.S. Court of Appeals for the Sixth Circuit. A three-judge panel voted 2-1 to collectively reverse the district courts’ judgments, ruling that states could refuse to recognize out-of-state same-sex marriage licenses or refuse to grant marriage licenses to same-sex couples. States were not bound by a constitutional obligation in terms of marriage, the appeals court found. The U.S. Supreme Court agreed to hear the case on a limited basis under a writ of certiorari.
What are the benefits of Obergefell v. Hodges?
Hodges, same-sex couples are entitled to the same benefits as opposite-sex couples including spousal benefits, inheritance rights, and emergency medical decision-making power.
What would happen if the Supreme Court defined marriage?
If the Supreme Court were to define marriage, it would take power away from individual voters and undermine the democratic process, the attorneys argued.
Who questioned the Court's ability to remove gender from the definition?
Chief Justice Roberts questioned how the Court could remove genders from the definition, and yet claim the definition was still intact. Justice Antonin Scalia characterized the decision as a political one, rather than a judicial one. Nine justices had decided a matter better left in the hands of voters, he wrote.
Who argued that marriage should have been left to the states and individual voters?
Chief Justice John Roberts argued that marriage should have been left to the states and individual voters. Overtime, the "core definition" of marriage has not changed, he wrote. Even in Loving v. Virginia, the Supreme Court upheld the notion that marriage is between a man and a woman.
How many cases were in Obergefell v. Hodges?
The U.S. Supreme Court case of Obergefell v. Hodges is not the culmination of one lawsuit. Ultimately, it is the consolidation of six lower-court cases, originally representing sixteen same-sex couples, seven of their children, a widower, an adoption agency, and a funeral director.
Who was the Ohio health director in Obergefell v. Hodges?
On August 11, Richard Hodges, by the appointment of Ohio governor John Kasich, succeeded Himes as Ohio's health director, and Obergefell was again retitled, this time as its final iteration of Obergefell v. Hodges. On November 6, 2014, in a decision styled DeBoer v.
What was the case in DeBoer v. Snyder?
Snyder, alleging Michigan's adoption law was unconstitutional. Richard Snyder, the lead defendant, was then governor of Michigan.
When did Tanco v Haslam happen?
On October 21, 2013, wishing to have their out-of-state marriages recognized in Tennessee, the four couples filed a lawsuit, Tanco v. Haslam, in the United States District Court for the Middle District of Tennessee (Nashville Division). William Edwards Haslam, the lead defendant, was then governor of Tennessee.
What was the second case in Kentucky?
The second case from Kentucky, Love v . Beshear, involved two male couples. Maurice Blanchard and Dominique James held a religious marriage ceremony on June 3, 2006. Kentucky county clerks repeatedly refused them marriage licenses. Timothy Love and Lawrence Ysunza had been living together as a couple for thirty years when, on February 13, 2014, they were refused a marriage license at the Jefferson County Clerk's office. On February 14, the next day, the couples submitted a motion to join Bourke v. Beshear, challenging the state's ban on same-sex marriage. The motion was granted on February 27, and the case was bifurcated, the instant action restyled as Love v. Beshear, on February 28. On July 1, 2014, Judge Heyburn issued his ruling. He found "homosexual persons constitute a quasi-suspect class ", and ordered that Kentucky's laws banning same-sex marriage "violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and they are void and unenforceable." In the course of assessing the state's arguments for the bans, he stated, "These arguments are not those of serious people."
Which court ruled that same sex marriage was unconstitutional?
In November 2014, following a series of appeals court rulings that year from the Fourth, Seventh, Ninth, and Tenth Circuits that state-level bans on same-sex marriage were unconstitutional, the Sixth Circuit ruled that it was bound by Baker v. Nelson and found such bans to be constitutional.
Which Supreme Court case ruled that the right to marry is guaranteed to same-sex couples?
Hodges, 576 U.S. 644 (2015) ( / ˈoʊbərɡəfɛl / OH-bər-gə-fel ), is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
What did the Supreme Court say about Obergefell v. Hodges?
In Obergefell v. Hodges, the Supreme Court held that states must recognize marriages between same-sex couples. The case was narrowly decided on a 5-4 vote, with Justice Anthony Kennedy issuing the swing vote and writing the opinion for the majority. As Justice Kennedy summed up, in unusually lofty language for a Supreme Court decision, same-sex couples “hope . . . not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right."
What is the Obergefell case?
Obergefell is among the privacy line of cases the Supreme Court has decided since the 1960s . Notable privacy rights cases include Griswold v. Connecticut (1965) , Loving v. Virginia (1968) , Roe v. Wade (1973), and Lawrence v. Texas (2003). The majority specifically tied its decision in Obergefell to these precedents. Justice Kennedy, writing for the majority, offers four principles for why marriage is a fundamental right that applies to same-sex couples the same as everyone else:
Why did the Supreme Court tie the Equal Protection Clause to the Due Process Clause?
The majority tied the Equal Protection clause to the Due Process clause in finding that prohibiting same-sex marriage violated both. Justice Kennedy wrote that “The Due Process Clause and the Equal Protection Clause are connected in a profound way" and that under Equal Protection, “the Court has recognized that new insights and societal understandings can reveal unjustified inequality within our most fundamental institutions that once passed unnoticed and unchallenged."
Which Supreme Court case held that same sex couples have the same right to intimate association as opposite sex couples
Virginia. Intimate association. In Griswold v. Connecticut , the Supreme Court held that the Constitution protects marital privacy against state prohibitions on contraception. Similarly, the majority held, same-sex couples have the same right to intimate association as opposite-sex couples.
Who called the case for marriage equality “compelling” but the legal arguments unsupported?
Justice Roberts called the case for marriage equality “compelling" but the legal arguments unsupported. Instead, he would have agreed with the Sixth Circuit, and held that the debate over marriage equality was a question for Congress and the states, not for the federal judiciary.
Is Obergefell a contested decision?
To this day, Obergefell remains a contested decision. Two of the Justices still serving on the Supreme Court, Samuel Alito and Clarence Thomas, subsequently wrote that Obergefell was wrongly decided and infringes on religious liberty, raising the specter that Obergefell and other privacy rights cases could be revisited.
What is the Supreme Court case Nelson?
Nelson, 409 U. S. 810, a one-line summary decision issued in 1972, holding the exclusion of same-sex couples from marriage did not present a substantial federal question. Still, there are other, more instructive precedents. This Court’s cases have expressed constitutional principles of broader reach.
What is the Nelson decision?
S. 810, a one-line summary decision issued in 1972, holding that the exclusion of same-sex couples from marriage did not present a substantial federal question. But other, more instructive precedents have expressed broader principles. See, e.g., Lawrence, supra, at 574.
How did the debate over same sex marriage work?
Until the courts put a stop to it, public debate over same-sex marriage displayed American democracy at its best. Individuals on both sides of the issue passionately, but respectfully, attempted to persuade their fellow citizens to accept their views. Americans considered the arguments and put the question to a vote. The electorates of 11 States, either directly or through their representatives, chose to expand the traditional definition of marriage. Many more decided not to. 1 Win or lose, advocates for both sides continued pressing their cases, secure in the knowledge that an electoral loss can be negated by a later electoral win. That is exactly how our system of govern ment is supposed to work. 2
Is Obergefell listed as surviving spouse on death certificate?
Three months later, Arthur died. Ohio law does not permit Obergefell to be listed as the surviving spouse on Arthur’s death certificate. By statute, they must remain strangers even in death, a state-imposed separation Obergefell deems “hurtful for the rest of time.”. App. in No. 14–556 etc., p. 38.
What is the Supreme Court ruling in Obergefell v. Hodges?
By one vote, the court rules that same-sex marriage cannot be banned in the United States and that all same-sex marriages must be recognized nationwide, finally granting same-sex couples equal rights ...
When did the Supreme Court hear Hodges arguments?
Hodges. The Supreme Court heard arguments on April 28, 2015. On June 26, the court ruled 5-4 in favor of the plaintiffs, stating that both bans on same-sex marriages and bans on recognizing same-sex marriages were unconstitutional.
When did Strom Thurmond die?
Strom Thurmond, who served in the United States Senate for a record 46 years, dies on June 26, 2003. Thurmond’s long and controversial political career had ended with his retirement one year earlier. Thurmond was born on December 5, 1902, in Edgefield, South Carolina, where he ...read more
Where was Margaret Harold shot?
Margaret Harold is shot and killed while out for a drive with her boyfriend near Annapolis, Maryland. Her killer swerved in front of the couple’s car, approached with a .38 revolver, and shot Harold in the side of the face, while her boyfriend managed to escape. Investigating ...read more
When did Obama stop defending Doma?
Obama did state his opposition to DOMA and instructed his Justice Department to stop defending it in 2011. In 2013, the Supreme Court ruled DOMA unconstitutional and declined to rule on a case regarding a California ban, effectively legalizing same-sex marriage there.
Who was the General at the Battle of Mechanicsville?
At the Battle of Mechanicsville, Virginia, Confederate General Robert E. Lee’s Army of Northern Virginia strikes Union General George B. McClellan’s Army of the Potomac, beginning the Seven Days’ Battles. Although the Confederates sustained heavy losses and did not succeed in ...read more
When was Lawrence v. Texas decided?
Lawrence v. Texas is decided. On June 26, 2003, the U.S. Supreme Court strikes down Texas’ sodomy laws, along with similar laws in 13 other states. The decision in Lawrence v. Texas is a landmark one, reaffirming the existence of a “right to privacy” that is not enumerated in the Constitution and effectively ...read more. Civil War.

Facts of The Case
Constitutional Issues
- Does the Fourteenth Amendment require a state to grant a marriage license to same-sex couples? Does the Fourteenth Amendment require a state to recognize a marriage license granted to a same-sex couple, if the state would not have granted the license if the marriage were performed within its borders?
Arguments
- Attorneys on behalf of the couples argued that they were not asking for the Supreme Court to "create" a new right, allowing same-sex couples to marry. Attorneys for the couples reasoned that the Supreme Court need only find that marriage is a fundamental right, and citizens are entitled equal protection regarding that right. The Supreme Court would only be affirming equality of acc…
Majority Opinion
- Justice Anthony Kennedy delivered the 5-4 decision. The Court found that marriage is a fundamental right, “as a matter of history and tradition.” It is therefore protected under the Fourteenth Amendment Due Process Clause, which prevents states from depriving anyone of “life, liberty or property without due process of law.” The right of same-sex couples to marry is also pr…
Dissenting Opinion
- Each dissenting Justice authored his own opinion. Chief Justice John Roberts argued that marriage should have been left to the states and individual voters. Overtime, the "core definition" of marriage has not changed, he wrote. Even in Loving v. Virginia, the Supreme Court upheld the notion that marriage is between a man and a woman. Chief Justice Roberts questioned how the …
Impact
- By 2015, 70 percent of states and the District of Columbia had already recognized same-sex marriage. Obergefell v. Hodges officially overturned remaining state laws that banned same-sex marriage. In ruling that marriage is a fundamental right and extending equal protection to same-sex couples, the Supreme Court created a formal obligation for states to respect the institution …
Sources
- Obergefell v. Hodges, 576 U.S. ___ (2015).
- Blackburn Koch, Brittany. “The Effect of Obergefell v. Hodges for Same-Sex Couples.” The National Law Review, 17 July 2015, https://www.natlawreview.com/article/effect-obergefell-v-hodges-same-sex-...
- Denniston, Lyle. “Preview on Same-Sex Marriage - Part I, The Couples' Views.” SCOTUSblog, 1…
- Obergefell v. Hodges, 576 U.S. ___ (2015).
- Blackburn Koch, Brittany. “The Effect of Obergefell v. Hodges for Same-Sex Couples.” The National Law Review, 17 July 2015, https://www.natlawreview.com/article/effect-obergefell-v-hodges-same-sex-...
- Denniston, Lyle. “Preview on Same-Sex Marriage - Part I, The Couples' Views.” SCOTUSblog, 13 Apr. 2015, https://www.scotusblog.com/2015/04/preview-on-marriage-part-i-the-couples-views/.
- Barlow, Rich. “The Impact of the Supreme Court Same-Sex Marriage Decision.” BU Today, Boston University, 30 June 2015, https://www.bu.edu/articles/2015/supreme-court-gay-marriage-decision-2015.
Overview
Obergefell v. Hodges, 576 U.S. 644 (2015) (/ˈoʊbərɡəfɛl/ OH-bər-gə-fel), is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The 5–4 ruling requires all fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages o…
Lawsuits in the district courts
The U.S. Supreme Court case of Obergefell v. Hodges is not the culmination of one lawsuit. Ultimately, it is the consolidation of six lower-court cases, originally representing sixteen same-sex couples, seven of their children, a widower, an adoption agency, and a funeral director. Those cases came from Michigan, Ohio, Kentucky, and Tennessee. All six federal district court rulings found for the sa…
Reversal by the Sixth Circuit
The six decisions of the four federal district courts were appealed to the United States Court of Appeals for the Sixth Circuit. Ohio's director of health appealed Obergefell v. Wymyslo on January 16, 2014. The governor of Tennessee appealed Tanco v. Haslam on March 18. On March 21, the governor of Michigan appealed DeBoer v. Snyder. The governor of Kentucky appealed Bourke v. Bes…
Before the Supreme Court
Claimants from each of the six district court cases appealed to the Supreme Court of the United States. On November 14, 2014, the same-sex couples, widowers, child plaintiff, and funeral director in DeBoer v. Snyder, Obergefell v. Hodges, and Tanco v. Haslam filed petitions for writs of certiorari with the Court. Adoption agency Adoption S.T.A.R. did not petition. The same-sex couples in Bourke v. Beshear filed their petition for a writ of certiorari with the Court on Novemb…
Opinion of the Court
On June 26, 2015, the U.S. Supreme Court held in a 5–4 decision that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states. The Court overruled its prior decision in Baker v. Nelson, which the Sixth Circuit had invoked as precedent.
Effects
James Obergefell, the named plaintiff in Obergefell who sought to put his name on his husband's Ohio death certificate as surviving spouse, said, "Today's ruling from the Supreme Court affirms what millions across the country already know to be true in our hearts: that our love is equal." He expressed his hope that the term gay marriage soon will be a thing of the past and henceforth only be kno…
Subsequent cases
In Pavan v. Smith, the Supreme Court reaffirmed Obergefell and ruled that states may not treat married same-sex couples differently from married opposite-sex couples in issuing birth certificates. In Obergefell, birth certificates were listed among the "governmental rights, benefits, and responsibilities" that typically accompany marriage. Quoting Obergefell, the Court reaffirmed that "the Constitution entitles same-sex couples to civil marriage 'on the same terms and conditi…
See also
• Bostock v. Clayton County (2020), another important legal decision regarding LGBT rights in the U.S., protecting LGBT employees from workplace discrimination under Title VII of the Civil Rights Act of 1964
• Bowers v. Hardwick (1986), which upheld the constitutionality of state sodomy laws; superseded by Lawrence v. Texas (2003)